Colloquium "Regards croisés sur les dix ans de la jurisprudence Département Tarn-Et-Garonne" (Crossed views on ten years of Tarn-Et-Garonne case law)
Assessment and prospects in public and private law
The case law Département Tarn-et-Garonne,of April 04, 2014, opened up the recourse against the validity of an administrative contract to third parties likely to be harmed in their interests in a sufficiently direct and certain manner by its award or clauses. The October 15 symposium will provide an opportunity to take stock of its ten years of application both within and outside the field of administrative law.
In the field of administrative law, questions will be addressed in particular relating to access to the judge, subject to demanding conditions; to the judge's powers, which are quite broad and more thought out to save the contract, even if it means regularizing it; to the indemnity remedy, insofar as it could constitute an alternative to the tightening of the Tarn-et-Garonne remedy; and to third parties who may have been forgotten by this case law.
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Within the framework of European law, the Tarn-et-Garonne appeal will be analyzed in the light of Article 6 ECHR devoted to the right to a fair trial, and its articulation with the regime of the European Union's "remedies" directives will be studied. In the context of international public procurement law, a comparison will be made between, on the one hand, the elements of the definition of the appeal contesting validity as derived from the Département Tarn-et-Garonne case law, and on the other hand, international law observed in the context of the WTO Agreement on Government Procurement. Finally, in private contract law, the contribution of the Tarn-et-Garonne ruling to the theory of nullities in private law will be considered.
